Sir, I move:
“That for the existing article 122, the following be substituted:-
‘122 Officers and servants and the expenses of the Supreme Court.–
(1) Appointments of officers and servants of the Supreme Court shall be made by the chief Justice of India or such other judge or officer of the court as he may direct:
Provided that the President may by rule require that in such cases may be specified in the rule, no person not already attached to the court shall be appointed to any office connected with the court, save after consultation with the Union Public Service Commission.
(2) Subject to the provisions of any law made by Parliament, the conditions of services of officers and servants of the Supreme Court shall be such as may be prescribed by rules made by the Chief Justice of India or by some other judge or officer of the court authorised by the Chief Justice of India to make rules for the purpose:
Provided that the salaries, allowances and pensions payable to or in respect of such officers and servants shall be fixed by the Chief Justice of India in constitution with the President.
(3) The administrative expenses of the Supreme Court, including all salaries, allowances and pensions payable to or in respect of the officers and servants of the court, shall be charged upon the revenues of India, and any fees or other moneys taken by the court shall form part of those revenues.'”
The object of this redraft is to make a better provision for the independence of the Supreme Court and also to make provision that the administrative expenses of the Supreme Court shall be a charge on the revenues of India.
Sir, there is an amendment to this amendment, which I should like to move at this stage:
“That in amendment No. 1967, for the proviso to clause (2) of the proposed article 122, the following proviso be substituted:-
‘Provided that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pensions, require the approval of the President.”